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ARVIND SRIVASTAVA, SUNIL DUTTA MISHRA
Dharam Mahato – Appellant
Versus
State of Bihar – Respondent
Sunil Dutta Mishra, J.
Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State.
2. Originally, this appeal was filed also by Suraj Mahto, Laxmi Mahto and Somari Yadav along with the aforesaid appellants but due to their death, vide order dated 06.11.2023, appeal filed by appellants, namely, Suraj Mahto, Laxmi Mahto and Somari Yadav has been abated.
3. The instant appeal has been preferred against the judgment and order dated 31st May, 1996 passed in Sessions Trial No. 96 of 1995, by the learned Sessions Judge, West Champaran at Bettiah.
4. By the impugned judgment and order appellant no. 1, Dharam Mahato was convicted and sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code and three years rigorous imprisonment for the offence under Section 201 of the Indian Penal Code with direction that both the sentences awarded against appellant no. 1 will run concurrently and appellant no. 2, Meena Devi was convicted and sentenced to undergo rigorous imprisonment for a period of three years under Section 201 of the Indian Penal Code.
5. Prosecution case, in short, is that on the basis of written report
(1) Murder – Life sentence – Law does not permit Courts to punish accused on the basis of suspicion alone – Greater the felony stricter the degree of proof.(2) Delay in lodging F.I.R. corrodes credib....
Prosecution must establish allegations of dowry death beyond reasonable doubt; inconsistencies and unjustified delays lead to acquittal.
In cases based on circumstantial evidence, all circumstances must conclusively establish guilt beyond reasonable doubt; any gaps can benefit the accused.
Conviction under circumstantial evidence requires proof of an unbroken link of evidence establishing guilt beyond reasonable doubt, not merely suspicion.
In cases of circumstantial evidence, the prosecution must establish a complete chain of circumstances consistent only with the accused's guilt, excluding any reasonable hypothesis of innocence.
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